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HomeMy WebLinkAbout2024-11-18-SB-min SELECT BOARD MEETING November 18, 2024 A work session of the Lexington Select Board was called to order at 6:30p.m. on Monday, November 18, 2024, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. EXECUTIVE SESSION 1. Exemption 6: To Consider the Purchase, Lease, Exchange, Value of Real Property- Parcel 68-44 Located on Lowell Street VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 at 6:31pm that the Board go into Executive Session under Exemption 6: Exemption 6: To Consider the Purchase, Lease, Exchange, Value of Real Property - Parcel 68-44 Located on Lowell Street. Further, Mr. Lucente declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. The Select Board exited Executive Session at 6:54 pm and reconvened to open session. PUBLIC COMMENTS Jay Luker, Precinct 1 Town Meeting Member and member of the Transportation Advisory Committee stated that he has reviewed the Decarbonization Plan. He stated that there is a free item that the Town could pursue that would far towards making the Town a climate leader. It is also in line with the Resilient Lexington Plan, and the Vision Zero Action Plan. This is to take the 25% design for the Bedford Hartwell Complete Streets project and toss it out. Svetlana Panasyuk, 28 Saddle Club Road, explained that she sent an email to the Board regarding existing overcrowding at the High School. She suggested that this is an urgent item and needs to be privately studied. Mr. Pato noted that this should likely be taken up with the School Committee. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Mr. Pato stated that, later this evening, the Board will set the date for its annual municipal election. He formally announced that he will seek reelection. Mr. Sandeen stated that the Massachusetts House and Senate passed the Climate Bill last week and sent it to the Governor for signature. Once the Governor signs the bill, Massport will be required to promote environmental protection and resilience, a reduction in greenhouse gas emissions, and environmental justice principles. Members of the community have been concerned about Massport’s proposed private jet hanger expansion and this charter change should affect their considerations. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha acknowledged that Joanne Belanger, the Town’s Health Director, was presented with a Distinguished Service Award at the annual conference. DOCUMENTS: Weekly Update 11/15/24 CONSENT AGENDA The Board agreed to remove Consent Agenda Item #3 for further discussion under Items for Individual Consideration. 1. Select Board Committee Appointments Appointments:  Council for the Arts - Mamata Banerjee, Jennifer Zacharis  Greenways Corridor Committee - Enju Liu  Housing Partnership Board - Joyce S. Murphy  Lexington Bicycle Advisory Committee - Jonathan Bernays  Lexington Center Committee - Mike Harris  Lexington Human Rights Committee - Judith Zola  Monuments and Memorials Committee - Regina Sutton  Sustainable Lexington Committee - Kavitha Venkatesan  Transportation Advisory Committee - Daniel Asta  Tree Committee - Rachel Summers To appoint the committee members with terms as indicated in list included with the meeting packet (Select Board Committee Appointments - November 2024). DOCUMENTS: 2024.10.21 Banerjee, Mamata - Council for the Arts – Redacted, 2024.10.25 Zacharis, Jennifer - Council for the Arts – Redacted, 2024.10.25 Liu, Daisy - Greenways Corridor Committee – Redacted, 2024.10.23 Murphy, Joyce - Housing Partnership Board – Redacted, 2024.05.30Bernays,Jonathan- LexBicycleAdvisoryCommittee-Redacted, 2024.01.14 Harris, Mike - LexCenter Committee – Redacted, 2024.10.06 Zola, Judith - Lex Human Rights Committee – Redacted, 2024.10.19 Sutton, Regina - Monuments and Memorials Committee – Redacted, 2024.10.22 Venkatesan, Kavitha - Sustainable Lexington Committee – Redacted, 2024.08.14Asta,Daniel-TransportationAdvisoryCommittee-Redacted, 2024.10.07 Summers, Rachel - Tree Committee – Redacted, Banerjee, Mamata Resume_Redacted, Zacharis, Jennifer Resume_Redacted, Liu, Daisy Resume_Redacted, Asta, Daniel Resume_Redacted, Zola, Judith Resume_Redacted, Summers, Rachel Resume_Redacted, Select Board Committee Appointments - November 2024 2. Approve Select Board Minutes  October 21, 2024, Select Board To approve and release the following minutes: October 21, 2024, Select Board DOCUMENTS: DRAFT 10212024 Select Board Minutes 4. Approve Battle Green Use Request – Filming of Student Project  Tuesday, November 19, 2024, at 12:00pm To approve the request from Graduate Student, Zion Weir to film the monuments on and around the Battle Green on Tuesday, November 19, 2024, from 12:00pm to 2:00pm for the purpose of filming footage for his documentary project that details the start of the American Revolution. 5. Approve and Sign Water and Sewer Finals To approve and sign the Water and Sewer Finals. DOCUMENTS: July Finals 2024 (FY25) VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Consent Agenda items #1, 2, 4, and 5. ITEMS FOR INDIVIDUAL CONSIDERATION C3. Approve Battle Green Use Request – Lexington Historical Society - Historical Reenactment of Lexington Tea Party  Historical Reenactment of Lexington Tea Party: Saturday, December 14, 2024, from 12:30 - 2:30pm. There was discussion regarding hosting the burn for this event while there is an ongoing drought. Mr. Pato noted that he believes these events are always contingent on the Fire Department giving permission on the day. There should be a contingent plan if the fire cannot be lit on that day. Ms. Hai stated that it will not be a surprise if the burn has to be cancelled due to drought conditions and potential red flag warnings. Sarah McDonough, Historical Society, stated that it can be made clear that the burn may not occur, though there are many other events planned for the day. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the request of the Lexington Historical Society, in collaboration with Lexington Minute Men, Inc., to use the Battle Green on Saturday, December 14, 2024 from 12:30pm to 2:30pm for the Lexington Minute Men to perform a musket drill, as well as perform marching and other demonstrations on the Common with drills taking place between approximately 12:30pm and 1:00pm; with a caveat that any use of fire be cleared with the appropriate safety personnel. DOCUMENTS: Event Diagram - Tea Burning 6. Discuss Douglas House Transfer of Ownership – The Board took up this agenda item at this time. Peter Noonan, President of Supportive Living, Inc. and Douglas House Inc., explained that this is part of a funding transaction which has taken place over the last 15 years. This is an administrative function required to end a tax credit period for the funding mechanism, with the transfer of ownership over to a nonprofit organization. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 that the Select Board approve the proposed transfer of the Douglas House ground lease and improvements from SLI Douglas House Limited Partnership to Douglas House Inc. to execute the Consent, Assignment, Assumption and Amendment of Loans and Loan Documents, Exhibit C, as prepared and included in the Board's meeting packet, for the assignment of the HOME loans and CPA grant to the new nonprofit Douglas House Inc. and further move that the Select Board authorize the Town Manager to sign, on behalf of the Town of Lexington, the Consent, Assignment, Assumption, and Amendment of Loans and Loan Documents related to the property at 7-9 Oakland Street, Lexington, Massachusetts, as set forth in the document presented, and to take any additional actions necessary to effectuate the transaction as outlined therein. DOCUMENTS: SLI Town Consent and Assignments, Memo-Douglas House 1. Establish 2025 Annual Town Meeting and Annual Town Election Dates Kelly Axtell, Deputy Town Manager, reviewed the 2025 Annual Town Meeting and Annual Town Election dates. She noted that citizen petitions paperwork can be picked up at the Town Clerk's Office starting tomorrow morning. Dawn McKenna, 9 Hancock Street and Precinct 6 Town Meeting Member, stated that she believes it is too early to ask citizens to put forward final motions on January 22, 2025. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to open the 2025 Annual Town Meeting Warrant for submission of Citizen Petitions through December 23, 2024, at 1:00pm. Further to establish Monday, March 3, 2025, as the date for Annual Town Election. Further to establish Monday, March 24, 2025, as the date for the opening session of the 2025 Annual Town Meeting. 2. Approve the Building Decarbonization Roadmap Maggie Peard, Sustainability and Resilience Officer, explained that a vote of approval from the Board is requested to include this roadmap in the climate leader application. There was a previous comment from the Board to adjust the estimated time to charge EVs at a Level 2 charger, and that change has been made. The School Committee voted to approve the roadmap at their last meeting, VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Decarbonization Roadmap as amended to be included in the climate leader application. DOCUMENTS: Lexington Decarbonization Roadmap 3. Update on the Lexington High School Project Dr. Julie Hackett, Superintendent of Lexington Public Schools, was present as the Board discussed the th October 9 letter to the MSBA regarding Lexington High School’s design enrollment concerns. The letter outlines the impact of recent zoning bylaw changes on projected student enrollment. Dr. Hackett explained that the letter outlined several possibilities for the MSBA to consider including additional credit for the lab program, or credit for Central Office space as it relates to the MBTA zoning bylaw changes. The Board discussed the most recent MSBA meeting, where Lexington requested an updated design enrollment, adjustments to core spaces, special education facilities, and the flexibility to convert Central Office space into classrooms if needed. Mr. Sandeen said he supported the direction outlined in the Superintendent’s letter to the MSBA. He suggested that there is certainty that our high school is currently overcrowded and that any delay would affect the students currently enrolled, and appreciates the focus on keeping the project moving forward. Mr. Sandeen stated that the MSBA is giving 3% for communities that do specialized code and 1% for indoor air quality, but that has been capped in Lexington’s particular situation. He would like to consider if there is an appropriate time to ask MSBA to reconsider the cap, as the Town is doing what the MSBA wants us to do. Dr. Hackett stated that she would take this into consideration. Mr. Lucente asked what the vision is for Lexington High School capacity-wise. Dr. Hackett stated that the numbers suggest that enrollment should decline at the High School within the next few years. Kindergarten enrollment numbers are the lowest since 1990. However, the MBTA zoning impacts could balance this reduction out. The intention is not to over build the High School. Mr. Pato stated that he believes the proposed size is appropriate at this time. Mr. Lucente stated that the most congested school in Town is the High School. It would be nice to be able to be nimbler in moving grades around. Jim Williams, 8 Stratham Road, stated that he believes the School Building Committee has put the Select Board in a tough spot. On one hand, the Board is being told by the Committee that any delay in choosing a design will lead to a waterfall effect in delays. Yet, he also feels that the Board justifiably fears that the process that led to the Building Committee's choice of design was legally and practically flawed. The failure of the Committee to carry out its fiduciary responsibility to the Town to present a credible proposal for a school to be built on the campus, also denied it the opportunity to examine the tradeoffs between the two design options. This plan cannot survive public scrutiny, or worse, a formal complaint. A delay is needed for the architects to produce plans that should have been produced back in February. Aviram Cohen, 17 Dane Road, stated that he is in favor of a new school however, the Bloom option is a monstrosity that swallows the playing fields, with an extremely expensive shell that has zero modesty. This was the whim of a group of people who lost touch with financial reality. He asked how the proposed design contributes to the quality of education for the Town. The Bloom option will destroy a precious piece of land, the playing fields. It will also leave a hole in the pockets of the elderly and the middle class in Town. Finally, it will change the demographics of the Town’s own unique birthplace of American liberty. He urged the Board to save the playing fields for the community. Olga Guttag, 273 Emerson Road, stated that Lexington’s sound financial fiscal future requires the Board’s action now. She asked the Board to protect the Town against a costly gamble on the passage of a very large debt exclusion without having a plan B, should such a debt exclusion fail. She stated that for under $500 per square foot, the Town could renovate old Harrington and get extra space. She asked the Board to make sure this project does not divide the community. Peter Kelley, 24 Forest Street, presented slides showing the proposed impact of the Bloom design. He stated that the Bloom design is 100’ or less from the small playground. It will be 60’ high, plus 12’-15’ for mechanical systems. There will be more impact to the existing operation of the school in trying to build the Bloom design, than there would be on a staged project on the field. He asked the Board to focus on its responsibility to the entire community. A vote on the Article 97 land would have to be unanimous by the five Select Board members. This vote should have taken place before the site was seriously considered. Alan Seferian, 10 Augustus Road, asked if the MSBA submitted a written response to the Superintendent's th October 9 letter and if that could be shared. Dr. Hackett stated that a written response is not anticipated. Mr. Seferian stated that he is surprised by this. Dr. Hackett stated that the request was atypical and there were enough other people in the room to witness the verbal feedback that a written letter was not likely considered necessary. The onus and burden were placed on the Town to communicate back to the MSBA. Dawn McKenna, 9 Hancock Street, stated that the Town is asking for $700M for less students than are currently enrolled. 35 years ago, the Town irrevocably disposed of surplus buildings for schools. Regarding the MBTA zoning, last year staff stated that it would be 10-20 years before anything came forward, but the Town has already received 10% applications in year one. The Town cannot pretend that it will not grow as it always does when new development comes into Town. She would recommend shortening the response letter to reflect the reality. Mr. Lucente stated that he believes the Board Chair and School Committee Chair should sign the letter. He shares some of the concerns regarding the tone of the letter and what may be an alarming situation. He would err on the side of stating that the MBAT zoning will change the community’s needs and the school system. Dr. Hackett noted that the tone of the letter cannot be changed much, as it is dictated by the MSBA. DOCUMENTS: Proposed follow up letter to MSBA, October 9, 2024 Letter sent to MSBA 4. Approve FY2025 Tax Classification Options Carolyn Kosnoff, Assistant Town Manager for Finance, explained that this is the second meeting of the Board to establish the fiscal year 2025 tax rate. The FY2025 Tax Classification memo was posted to the st Town webpage on November 1 and advertised to the public via legal notice and constant contact. On November 8, 2024, the Assistant Town Manager for Finance and the Board of Assessors presented FY2025 property valuations, budget, and classification options that will determine the Fiscal Year 2025 tax rate. On that date the Board also held the tax classification hearing to take public comment on the classification options. The four votes for the Board to consider are to:  Establish a shift factor between 1.00 and 1.75 (see Exhibit A of the classification packet)  Determine whether to adopt the Open Space Discount (the Town has no property classified as Open Space)  Determine whether to adopt the Residential Exemption and, if so, the percentage (up to 35 percent)  Determine whether to adopt the Small Commercial Exemption, and if so, the percentage (up to 10 percent) VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to establish a residential factor of .882 (plus additional decimals or rounding as needed) to result in a tax shift of 1.75; and to not to adopt the Open Space Discount; and to not adopt the Residential Exemption; and to not adopt the Small Commercial Exemption. DOCUMENTS: FY2025TaxRateClassificationMemo 5. Update on FY2026 Community Preservation Committee Applications Mr. Sandeen explained that the Community Preservation Committee (CPC) is responsible for reviewing applications for funding under the Community Preservation Act (CPA) and recommending to Town Meeting expenditures of CPA funds on the projects it supports each year. The CPC consults with its appointing bodies and holds an annual public informational hearing on the needs, possibilities, and resources of the Town regarding community preservation. He explained that this year there are substantially more requests for CPA funding than there is revenue. The most recent estimate was that there would be $8,290,000 worth of CPA revenue, based on a 15% match. However, the CPA recently stated that the match would likely be closer to 18%, leading to the estimate being closer to $8.3M-$8.5M available. The CPA revenue has some designated buckets that funding is required to go into: 10% for historic, 10% for open space, and 10% for community housing. The undesignated revenue is 70% of the total funding, or approximately $5.8M. Mr. Sandeen reviewed the proposed requests for funding. There is approximately a $3.8M delta from what is being requested of CPA for funds and the funds that are available. Mr. Sandeen stated that the Capital Expenditures Committee and the CPC both desire to avoid debt due to the expected significant requests for CPC funding in future years. Mr. Pato stated that he has concerns regarding the proposed Center playground reconstruction project, due to the construction proposed next to it for the High School project. Mr. Sandeen stated that staff has indicated the Bloom design will not impinge on the area where the Center playground currently resides. Ms. Hai stated that, even if it does not physically impinge on the land, it is highly likely to impinge on the utility and use of the playground. She would prefer to see reconstruction after the High School project is complete. Ms. Barry stated that the Center playground may be reaching an end of life issue. There are also multiple ways to access this playground. Mr. Sandeen agreed with Ms. Hai and Mr. Pato regarding the Center playground. Mr. Sandeen asked if the Board could review the proposed Town projects and opine upon them. Mr. Lucente stated that there could be additional emphasis on these items during the budget presentations for additional Board discussion. Mr. Sandeen suggested that Town finance staff also weigh in on the proposals. Bob Pressman, CPC member, stated that the best current estimate of funding is approximately $8,550,000. For open space, there are two requests for trail projects that total $375,000. The historic bucket has requests between approximately $850,000-$900,000. There is a $20,000 request from the Town Clerk for records. There is also a $57,000 request from the Historical Society. Two years ago funding for the Munroe Center for the Arts included debt which will be retired over 4 years. Housing is requesting $3M from the Trust, and $490,000 from LexHAB. Recreation is requesting $6.9 million which is 80% of CPC’s new money. He requested that the Select Board visit the Center Playground. Dawn McKenna, 9 Hancock Street, stated that the Warrant is the purview of the Select Board, and in the last several years, the Town Manager's Office has taken the lead. This issue shows one of the reasons for the Select Board to take the lead. The process needs to be reviewed. Secondly, the Recreation Enterprise was set up to deal with recreation. There is likely other funding in the budget that could be found for affordable housing. She supports the comments about not including the Center playground in the CPC request. She believes the Harrington Fields request should be delayed a year. DOCUMENTS: CPA Funding and Project Request Status 11-18-2024 7. Discuss Proposed 2025 Select Board Meeting Dates The Board discussed the proposed 2025 Select Board meeting dates. DOCUMENTS: Working Document 2025 Select Board meeting Schedule - Year at-a-glance, Working Document 2025 Select Board meeting Schedule - listed ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at 9:09pm. A true record; Attest: Kristan Patenaude Recording Secretary